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The Supreme Court was today(September 3) orally informed that the Union Government has decided to give back all unfilled seats to Tamil Nadu in the Super Speciality admissions matter. The Union stated that it will take a call on the quantum of reduction of percentile and inform the Court on Tuesday.

This comes after a bench comprising Justice PS Narasimha and Justice Alok Aradhe, on July 28, directed the Directorate General of Health Services to return to the State only 50% of the unfilled seats reserved out of 151 for in-service candidates if the State decides to reduce the qualifying percentile after the second round of counselling.

Subsequently, the Tamil Nadu Medical Officers Association filed an application seeking modification of the said order, praying that 100% of the unfilled in-service seats be returned to the State Government.

When the matter was taken up on August 24, the Union, through Additional Solicitor General Aishwarya Bhati, apprised the bench that out of the 151 seats transferred by the State of Tamil Nadu, approximately 40 seats remained vacant. Based on this input, Senior Advocate P. Wilson (for the Officers Association) urged that all 40 in-service seats be returned to the State of Tamil Nadu, as 111 candidates were awaiting a reduction in the qualifying percentile.

Today, Additional Solicitor General Aishwarya Bhati submitted that the Union has decided to return the unfilled seats, but a call has to be taken on the quantum of reduction of percentile. "Today, in all likelihood, we are going to hold another round of meetings. What will be the quantum of reduction of percentile is a call yet to be taken. Your Lordships may record my statement. We will give all of the remaining Tamil Nadu seats back to them. Mylords initially said and then Mr Wilson's application said all. We will give all what is unfilled for Tamil Nadu. What Tamil Nadu can't fulfil by reduction of percentage, it will give it back."

Bhati however, said that the matter can't be disposed of since the larger issue of whether there can be reservation in super speciality survives. She clarified that the Union's stand is that there can't be reservation, not even for in-service candidates.

Senior Advocates Abhishek Manu Singhvi (for State) and Wilson appreciated the stance and added that the seats were bound to come back because they belonged to the Tamil Nadu quota. No order was passed since Bhati said she would give in writing on the decision taken by the government by Tuesday.

The Associations' application has been filed in the pending writ petition concerning 151 unfilled super speciality seats earmarked for in-service candidates in Tamil Nadu. According to the petitioners, these seats form part of the State's 50% reservation for in-service doctors under G.O. Ms. No. 462 dated November 7, 2020, a policy whose constitutional validity was upheld by the Supreme Court in Tamil Nadu Medical Officers Association v. Union of India (2021).

The Association has filed an interlocutory application stating that the 151 seats belong exclusively to the State's in-service quota. It has stated that the DGHS receives such seats only under a temporary arrangement envisaged in N. Karthikeyan & Ors. v. State of Tamil Nadu, to prevent wastage of seats where no eligible in-service candidate is available. However, no right, title or lien over the in-service seats is acquired by the DGHS. Various precedents have been cited, such as that in academic session 2024-25, all 58 seats which remained after the second round of the All India Quota counselling were returned to the State.

It may be noted that since 2022, the Supreme Court has allowed the State 50% in-service quota for SS seats. In June, the Court passed an order directing that the 151 vacant SS seats could be filled through the All India Merit List. Following this order, the present application was filed by the Tamil Nadu Medical Officers Association (and another) seeking to restrain the State from surrendering 151 vacant SS seats in colleges within the State to the All India Quota.

Case Details: TAMIL NADU MEDICAL OFFICERS ASSOCIATION & ANR v UOI|WRIT PETITION (CIVIL) NO. 771 OF 2026


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